Cross References — Appointment of officers, §
110.040; peddlers obstructing streets, §
605.070; hauling logs, brush, etc., over streets, §
215.780.
[R.O. 2009 §525.010; CC 1976 §24-1; R.O. 1954 §386]
Whenever any sidewalk, curbing, guttering, or any portion of
a street is in need of repair, such repairs may be made by special
assessment in accordance with Section 88.703, RSMo.
[R.O. 2009 §525.020; CC 1976 §24-1.5; Ord. No. 1042 §§1—5, 8-4-1980; Ord. No. 1465 §§1—8, 10-15-1990; Ord. No. 1479 §§1—2, 5-20-1991; Ord. No. 1510 §1, 6-22-1992; Ord. No. 1635 §§1—8, 7-10-1995; Ord. No. 1813 §§1—8, 2-16-1999; Ord. No. 1991 §§1—8, 7-15-2002; Ord. No. 2058 §§1—9, 3-15-2004; Ord. No. 2107 §§1—2, 1-18-2005; Ord. No. 2155 §§1—2, 12-19-2005; Ord. No. 2278 §§1—2, 2-4-2008]
A. This
shall be known as a curb and gutter rebate ordinance providing for
the individual property owner to:
1. Obtain their own contractor; and
2. Prepare the rough and finished grades.
B. The
City of Higginsville, upon a written application from the property
owner to the Street Superintendent, shall supply and furnish all engineering
and layout of the curb line and set the grade for the same. After
construction of curbing and removal of forms, Street Department crews
make all necessary backfills to both sides of the curbing. All seeding
along the back of the curb shall be completed by the property owner.
C. In
order to qualify for a curb rebate, the curb must be of the same style,
width and depth as presently exists in that area or as approved by
the Street Superintendent. Further, the specifications in order for
the curbing to meet the requirements of this Section shall be provided
by the Street Superintendent upon request and the Street Superintendent
shall approve the curbing construction in order to qualify for the
rebate. If existing curbing has failed by any means such as deteriorated,
cracked, settled or broken, the property owner may qualify for a curbing
rebate. Property owners shall notify the Street Superintendent for
approval of said rebate. If in the opinion of the Street Superintendent
the curbing is in need of replacement, then the property owners will
qualify for said rebate. The present curbing will also be removed
by Street Department crews upon proper and timely notification by
the property owner's contractor. The following is the mix design for
all curbing construction.
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CITY OF HIGGINSVILLE
CONCRETE CURB SPECIFICATIONS
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Materials:
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Concrete:
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Shall consist of 6 bag Portland cement mix containing 2% air.
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Curb:
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Must meet these specifications:
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1 cubic yard of 6 bag curbing mix:
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Type I cement
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564 lbs.
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Fine aggregate
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1,450 lbs.
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Coarse aggregate
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1,750 lbs.
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Water (maximum)
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31 gal.
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Daravair
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5½% + or - 1%
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Daracem
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5 oz. per 100 wt. cement
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Note:
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All curb radius and valley gutters required will be constructed
by the City of Higginsville Street Department crews.
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D. After the above requirements have been completed as outlined in Subsections
(A),
(B) and
(C), the Street Superintendent shall make application to the City Clerk for a rebate of twelve dollars ($12.00) per lineal foot to be paid to the property owner or their designated agent thereafter.
E. If
the Street Superintendent, in the interest of public safety, authorizes
the construction of curbing which the property owner, having been
duly notified, has failed to construct, said curbing shall not be
subject to the curb rebate program, although the property owner may
be required to make full cost restitution to the City.
F. This
program will be in effect as long as funds are available on a first-come,
first-served basis. In the event funds are depleted before the end
of the fiscal year, all approved rebates will be held until funds
again become available.
G. This
rebate is only in effect for properties within the City limits that
were previously subdivided or those properties adjacent to a City
Street Department maintained street. Subdividers shall bear all costs
of curb and gutter construction with all the other improvements specified
in the Higginsville Subdivision Specifications.
[R.O. 2009 §525.210; Ord. No. 1701 §§1—8, 10-8-1996; Ord. No. 1854 §§1—8, 10-18-1999; Ord. No. 2156 §§1—2, 12-19-2005]
A. This
Section shall be known as a sidewalk rebate ordinance providing for
the property owner to:
1. Obtain their own contractor; and
2. Prepare the rough and finished grades.
B. The
City of Higginsville, upon a written application from the property
owner to the Street Superintendent, shall supply and furnish all engineering
and layout of the sidewalk line and set the grade for the same.
C. In
order to qualify for a sidewalk rebate, the sidewalk must be of a
width, thickness, alignment and elevation consistent with good engineering
design and existing neighborhood conditions. Further, the specifications
in order for the sidewalk to meet the requirements of this Article
shall be provided by the Street Superintendent upon request, and the
sidewalk itself shall be approved by the Street Superintendent in
order to qualify for the rebate. If in the opinion of the Street Superintendent
an existing sidewalk qualifies for replacement, the Street Department
crews will remove existing sidewalk upon proper and timely notification
of the property owner's contractor. All backfills and seeding are
the responsibility of the property owner.
D. After the above requirements have been completed as outlined in Subsections
(A) and
(B), the Street Superintendent shall make application to the City Clerk for a rebate of two dollars ($2.00) per square foot to be paid to the property owner thereafter.
E. In
order to qualify for sidewalk rebate, the sidewalk must be approved
by the Street Superintendent and comply with the following material
specifications:
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CITY OF HIGGINSVILLE
SIDEWALK MATERIALS SPECIFICATIONS
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Materials:
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Concrete:
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Shall consist of 6 bag Portland cement mix containing 2% air.
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Must meet these specifications:
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1 cu. yd. of 6 bag mix:
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Type I cement
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564 lbs.
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Fine aggregate
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1,450 lbs.
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Coarse aggregate
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1,750 lbs.
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Water (maximum)
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31 gal.
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Daravair
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5½% + or - 1%
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Daracem
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5 oz. per 100 wt. cement
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Aggregate:
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Finish grading aggregate will be supplied by the City Street
Department.
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Grading and Backfill:
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When required, rough subgrading and backfill will be by the
City Street Department. Finish grading will be by the contractor.
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Detailed drawing specifications will be provided by the Street
Superintendent.
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F. After the above requirements have been completed as outlined in Subsection
(E), the Street Superintendent shall then make application to the City Clerk for the allowable rebate as listed in Subsection
(D) of this Section.
G. If
the Street Superintendent, in the interest of public safety, authorizes
the construction of sidewalk, which the property owner, having been
duly notified, has failed to construct, said sidewalk shall not be
subject to the sidewalk rebate program, although the property owner
may be required to make full cost restitution to the City.
H. This
program will be in effect as long as funds are available on a first-come,
first-served basis. In the event funds are not available, the property
owners will be put on a waiting list and contacted when additional
funds are made available.
[R.O. 2009 §525.030; CC 1976 §24-7; Ord. No. 290 §1, 4-6-1964]
The City shall not maintain or improve any street in a subdivision
approved prior to April 6, 1964, or install water service therein,
unless said streets are brought to a subgrade with a tolerance of
2.10 inches and all culverts have been installed in said streets.
[R.O. 2009 §525.040; CC 1976 §24-8; Ord. No. 290 §1, 4-6-1964]
All culverts in streets in subdivisions or additions approved
prior to April 6, 1964, of fifteen (15) inches diameter or less shall
be furnished and installed by the subdivider. If a larger culvert
is required, the City shall pay the costs above the costs of a fifteen
(15) inch culvert as funds permit.
[R.O. 2009 §525.050; CC 1976 §24-9; Ord. No. 290 §1, 4-6-1964]
The City shall put two (2) inches of rock on the completed subgrade
of a street in a new subdivision or addition approved prior to April
6, 1964, and an additional two (2) inches of rock when the curb and
gutter have been installed as funds permit.
[R.O. 2009 §525.060; CC 1976 §24-10; Ord. No. 1466 §§2—10, 10-15-1990; Ord. No. 1855 §§1—11, 10-18-1999; Ord. No. 2050 §§1—2, 12-1-2003]
A. No
individual, firm, corporation or public utility shall make an opening
in any street or alley of the City of Higginsville without first notifying
the Street Superintendent of the City of Higginsville and paying to
the City Clerk the following permit fee:
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Fee
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GRAVEL ROADWAYS
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1.
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Cuts not to exceed 200 sq. ft.
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$150.00 minimum
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2.
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Cuts in excess of 200 sq. ft.
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Minimum fee plus $.50 per sq. ft. over 40 sq. ft.
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SURFACED STREETS
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1.
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Cuts not to exceed 40 sq. ft.
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$200.00 minimum
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2.
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Cuts in excess of 40 sq. ft.
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Minimum fee plus $2.50 per sq. ft. over 40 sq. ft.
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HOT MIX OR CONCRETE STREETS
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1.
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Cuts not to exceed 40 sq. ft.
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$250.00 minimum
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2.
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Cuts in excess of 40 sq. ft.
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Minimum fee plus $3.00 per sq. ft. over 40 sq. ft.
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(Example: 2 ft. X 30 ft. cut in chip and seal street = 60 sq.
ft. = 40 sq. ft. @ $200.00 + 20 sq. ft. @ $2.50/sq. ft. = $250.00
fee)
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B. The
backfilling and restoration of the street or alley surface shall be
under the supervision of the Street Superintendent or his authorized
representative, and the permit holder shall notify the Street Superintendent
or his representative as to the completion of the work and obtain
his signature on the street opening permit card, stating that the
opening has been closed and the street surface has been restored in
full compliance with the following requirements: All street and alley
excavations shall be backfilled and hand or mechanically tamped in
layers not to exceed six (6) inches in depth, or where water is available
backfill may be flushed and jetted with water from twelve (12) inches
above pipe or cable level to within twelve (12) inches of ground surface,
and the remainder of said backfill shall be tamped by hand or mechanical
means. The Street Superintendent must authorize the use of water in
backfilling street cuts. The permit holder shall remove surplus dirt.
Sand may be used as backfill in lieu of tamping when approved by the
Street Superintendent.
C. In
the event that the work does not meet approval upon completion and
for a period of twelve (12) months thereafter, the permit holder shall,
within three (3) days from the time of such notice given, replace
the work in accordance with the conditions and requirements herein
contained. In the event of failure to comply with the notice to replace
the work within the aforesaid time limit, the City Clerk shall issue
to the permit holder a notice stating intent on the part of the City
to contract for whatever remedial work is required, and the permit
holder shall pay the total cost of the contract and any other expenses
involved. Failure to pay the required permit fee or any additional
costs will result in refusal of any future permits until all delinquent
charges are paid.
D. Permit
holder shall maintain at all times during the progress of the work
suitable barricades, fences, signs or other adequate protection for
the public safety and also such danger lights, signals or flagmen
as may be necessary to ensure safety to the public. The contractor
may obtain additional barricades by asking the Street Superintendent.
Failure to comply with these requirements may result in refusal of
future permits.
E. The
permit holder shall assume any and all liability in regard to any
excavations and shall hold the City of Higginsville free and clear
from any and all liability.
F. When
an emergency requires a street or alley cut during non-working hours,
a permit shall be obtained the next working day.
G. Permit
fees may be billed on a daily, monthly, quarterly or an annual basis,
depending on the nature of the work. The Street Superintendent shall
recommend appropriate billing cycles, subject to the approval of the
City Clerk and City Administrator.
H. Any
individual, firm or corporation violating the provisions of this Section
shall be deemed guilty of an ordinance violation and, upon conviction
thereof, shall be punished by a fine of not less than one dollar ($1.00)
nor more than five hundred dollars ($500.00) or by imprisonment in
jail up to ninety (90) days, or by both fine and imprisonment in jail.
I. The
permit holder shall file with the City of Higginsville, at the City
Clerk's office, a certificate of insurance indicating coverage of
one million dollars ($1,000,000.00) worth of liability insurance,
Workers' Compensation, and the City shall also be named as an additional
insured.
[R.O. 2009 §525.070; CC 1976 §24-11; Ord. No. 1117 §1, 3-1-1982]
A. The
following restrictions shall apply to concave depressed curbs constructed
in the City of Higginsville, Missouri:
1. Only one (1) ramp per corner unless otherwise requested and approved.
2. The ramp shall be installed on the street with the least amount of
traffic flow.
3. The ramp will not extend past the curb line.
4. The ramp shall be built so as not to interfere with the flow of water
or other materials into gutters.
[R.O. 2009 §525.075]
All street and sidewalks shall be built, maintained and/or repaired
in compliance with the Americans with Disabilities Act PL101-336.
[R.O. 2009 §525.080; CC 1976 §24-21; R.O. 1954
§373]
The word "sidewalks" as used in this Article
shall in all cases be construed to include sidewalk approaches.
[R.O. 2009 §525.090; CC 1976 §24-22; R.O. 1954
§374]
The Board of Aldermen shall have power relating to the construction,
repair and condemnation of defective sidewalks, as is granted by the
State Statutes. Special ordinances shall be passed for each improvement
as herein provided.
[R.O. 2009 §525.100; CC 1976 §24-23; R.O. 1954
§493]
The owner or agent of any property adjacent to any sidewalk,
who shall permit said sidewalk to become impaired, or in an unsafe
condition from any cause, and shall permit the same to so remain out
of repair and unsafe for the space of ten (10) days after notification
in writing by the Street Superintendent to said owner or agent, to
repair the same, shall be guilty of an ordinance violation.
[R.O. 2009 §525.110; CC 1976 §24-24; R.O. 1954
§§383—385]
A. Whenever
the Board of Aldermen shall determine that a sidewalk shall be built
and constructed, or rebuilt or reconstructed or repaired, or the removal
of any obstruction thereon or to grade, fill or pack that portion
of the street lying between the property line and the street curbline,
they shall direct the City Clerk to notify the owner or his representative,
of the property lying along or adjacent thereto, by a ten (10) days'
notice in writing and delivered by the Chief of Police. The notice
shall be directed to the owner and describe the property by lot number
or other description, and the sidewalk to be built and constructed
or reconstructed, or repairs to be made, or obstruction to be removed,
or parkway to be graded and properly filled. Where the owner of the
property is absent from the City, and has no representative within
the City, then such notice shall be by publication by four (4) weekly
notices in a newspaper published within the City. Any property owner
so notified to build and construct or reconstruct any sidewalk or
approaches to any sidewalk, to remove any obstructions, or to repair
any sidewalk, or to grade and fill any parkway, shall commence to
perform such construction, repair, removal of obstructions or grade
and fill such parkway within ten (10) days of the receipt of such
notice or enter into a bona fide contract to have such work performed,
and in either case whether the work is done by the owner or by a contractor,
such work shall be completed within thirty (30) days after the receipt
of said notice, or after the publication of such notice for four (4)
weeks in a newspaper published within said City, unless a longer time
be granted by the Board of Aldermen.
B. Any
person so notified to build and construct or reconstruct any sidewalk
or approaches to any sidewalk, or to repair any sidewalk, or to grade
and fill any parkway, or to remove any obstruction in or upon any
sidewalk, shall fail, neglect or refuse to comply with such order
and notice as provided in the preceding Section, shall be punished
by a fine of not less than five dollars ($5.00) nor more than one
hundred dollars ($100.00) and costs of prosecution. Every day the
condition remains after the expiration of the said ten (10) days from
date of receipt of said notice shall be a separate offense.
C. The
Board of Aldermen may enter into a contract for the construction,
reconstruction, repair of any sidewalk, or the grading and proper
filling of any parkway, on the neglect or refusal of any property
owner to comply with the notice as provided in this Section, and shall
do so by a special ordinance providing therefor.
[R.O. 2009 §525.120; CC 1976 §24-25; R.O. 1954
§375]
No new sidewalk shall be constructed, nor any sidewalk reconstructed
unless the sidewalk is constructed or reconstructed on the established
grade of the adjacent street. No sidewalk shall be constructed or
reconstructed on the natural grade, except where the street adjacent
thereto has not been brought to grade, and then only by special permit
of the Board of Aldermen.
[R.O. 2009 §525.130; CC 1976 §24-26; R.O. 1954,
377—378; Ord. No. 939 §1, 7-3-1978]
A. All
grading, including subgrading for sidewalks shall be done at the expense
of the property owner on whose property such sidewalk abuts, and shall
consist of fills or excavations as may be necessary to bring the sidewalk
surface line to the established grade. If a fill is made which will
obstruct or interfere with the natural flow of drainage along or across
said sidewalk line, then suitable drain tile shall be placed in such
fill to take care of such drainage.
B. The
terms "subgrade", or "subgrading" shall mean the excavation or filling of earth four (4) inches below
the established grade. In subgrading all roots, vegetable matter,
loose dirt, or other matter liable to injure said sidewalk, shall
be removed to the full width of the sidewalk and two (2) inches on
each side thereof, and all roots, trees or parts of trees within said
space shall be cut away. All fills shall be put down in layers of
not more than six (6) inches in thickness and properly tamped or rolled
so that a firm footing is secured for such sidewalk.
C. Plans
for the erection or structural alteration of any business use dependent
on vehicles entering onto the business site or parking lot shall be
approved by the Board of Aldermen. The Board of Aldermen may require
such changes therein in relation to yards, location of curb cuts,
width of drives, location of signs and accessory uses and buildings
and construction of buildings as it may deem best suited to insure
safety to minimize traffic difficulties and to safeguard adjacent
properties:
1. Fairground Avenue. No entrance to a commercial property
on Fairground Avenue shall be nearer than one hundred twenty (120)
feet to an intersecting side street, or in an abnormally long block
(more than three hundred fifty (350) feet long), no nearer than one
hundred twenty (120) feet from the nearest established entrance or
street intersection. In addition, no entrance or exit from or onto
a side street shall be nearer than sixty (60) feet to Fairground Avenue
or the nearest intersection.
2. No exits from commercial property will be permitted onto Fairground
Avenue except in cases where no side street or rear exits can be provided,
and only then when reviewed and approved by the Planning Commission.
[R.O. 2009 §525.140; CC 1976 §24-27; R.O. 1954
§376]
Except when otherwise approved by the Mayor and Board of Aldermen,
all sidewalks constructed within the City shall be four (4) feet in
width, except on Main Street between Sixteenth Street and Twenty-second
Street, where they shall be eight (8) feet in width.
[R.O. 2009 §525.150; CC 1976 §24-28; R.O. 1954
§376]
All sidewalks shall be laid abutting the property line.
[R.O. 2009 §525.160; CC 1976 §24-29; R.O. 1954
§376]
All sidewalks hereafter constructed or reconstructed shall decline
from the property line of the lot in front of or along which it is
constructed to the outer edge by a fall of one-eighth (1/8) of an
inch to every foot of width.
[R.O. 2009 §525.170; CC 1976 §24-30; R.O. 1954
§379]
All sidewalks hereafter constructed or reconstructed shall be
of concrete and no sidewalk of any other material shall be ordered
or permitted to be constructed.
[R.O. 2009 §525.180; CC 1976 §24-31; R.O. 1954
§381]
No concrete shall be poured until a proper subgrade has been
completed. On the subgrade a concrete mix shall be placed and after
being tamped shall not be less than four (4) inches in thickness,
and shall be composed of the following materials, volume measure;
one (1) part standard portland cement, at least two (2) parts and
not more than two and one-half (2½) parts of clean sharp sand,
and four (4) parts of crushed limestone rock. The crushed rock shall
not exceed one and one-half (1½) inches in its greatest dimensions.
If mixed by hand, said mixture shall be thoroughly mixed dry and also
thoroughly mixed wet, and immediately tamped into forms to the proper
thickness. The concrete mix shall be so tamped or worked to bring
the cement to the surface and properly troweled to a reasonably smooth
surface.
[R.O. 2009 §525.190; CC 1976 §24-32; R.O. 1954
§380]
In the construction of all concrete sidewalks there shall be
an expansion joint of one-half (½) inch every sixteen (16)
feet, or one (1) inch for every thirty-two (32) feet of the length
thereof. There shall also be an expansion space provided where any
sidewalk connects or abuts on any street curb, or connecting sidewalk,
sufficient to prevent injury to such curb or adjoining sidewalk. Such
expansion shall be a metal expansion joint or asphaltic expansion
material of the approved types, and be so constructed to prevent dirt
from entering and filling up such joint.
[R.O. 2009 §525.200; CC 1976 §24-33; R.O. 1954
§382]
In hot weather sidewalks shall be protected for at least two
(2) days after being laid by canvas or other covering, and shall be
kept moist during such time.